1 | The Committee on Judiciary recommends the following: |
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3 | Committee Substitute |
4 | Remove the entire bill and insert: |
5 | A bill to be entitled |
6 | An act relating to attorney practices; amending s. 877.02, |
7 | F.S.; prohibiting the solicitation of legal business for a |
8 | profit; providing criminal penalties; prohibiting |
9 | attorneys from advertising services for business for a |
10 | profit unless permitted by law; providing a definition for |
11 | the term "solicit"; prohibiting attorneys from initiating |
12 | contact for the purpose of soliciting legal business for a |
13 | profit; providing civil penalties; providing for equitable |
14 | relief; providing construction; providing an effective |
15 | date. |
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17 | Be It Enacted by the Legislature of the State of Florida: |
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19 | Section 1. Section 877.02, Florida Statutes, is amended to |
20 | read: |
21 | 877.02 Solicitation of for-profit legal services or |
22 | retainers therefor; penalty.-- |
23 | (1) The Legislature has determined that legal advertising |
24 | that solicits business by inciting a person to file a suit |
25 | destroys the personal responsibility of individuals, fosters |
26 | frivolous litigation, and demeans the judiciary and the practice |
27 | of law. This form of solicitation has created a crisis in this |
28 | state's judicial system, thus creating a compelling state |
29 | interest in the state's limited regulation of advertising as set |
30 | forth in this section. |
31 | (2)(1) It shall be unlawful for any person or her or his |
32 | agent, employee, or any person acting on her or his behalf, to |
33 | solicit or procure through solicitation either directly or |
34 | indirectly legal business for a profit, or to solicit or procure |
35 | through solicitation a retainer, written or oral, or any |
36 | agreement authorizing an attorney to perform or render legal |
37 | service for a profit, or to make it a business to solicit or |
38 | procure such business, retainers, or agreements; provided, |
39 | however, that nothing herein shall prohibit or be applicable to |
40 | banks, trust companies, lawyer reference services, legal aid |
41 | associations, lay collection agencies, railroad companies, |
42 | insurance companies and agencies, and real estate companies and |
43 | agencies, in the conduct of their lawful businesses, and in |
44 | connection therewith and incidental thereto, forwarding legal |
45 | matters to attorneys at law when such forwarding is authorized |
46 | by the customers or clients of said businesses and is done |
47 | pursuant to the canons of legal ethics as pronounced by the |
48 | Supreme Court of Florida. |
49 | (3)(2) It shall be unlawful for any person in the employ |
50 | of or in any capacity attached to any hospital, sanitarium, |
51 | police department, wrecker service or garage, prison, or court, |
52 | or for a person authorized to furnish bail bonds, investigators, |
53 | photographers, or insurance or public adjusters, to communicate |
54 | directly or indirectly with any attorney or person acting on |
55 | said attorney's behalf for the purpose of aiding, assisting, or |
56 | abetting such attorney in the solicitation of legal business for |
57 | a profit or the procurement through solicitation of a retainer, |
58 | written or oral, or any agreement authorizing the attorney to |
59 | perform or render legal services for a profit. |
60 | (4) It shall be unlawful to advertise, using any form of |
61 | electronic or other media, in a manner that solicits legal |
62 | business for a profit by urging a person to consider bringing |
63 | legal action against another. |
64 | (5) The term "solicit" shall mean to entreat, request, or |
65 | incite another to use the services of an attorney or a law firm. |
66 | In any advertisement subject to this section, the term "solicit" |
67 | shall not mean, include, or prohibit a statement by the attorney |
68 | in writing or by the attorney of, or an appearance, picture, or |
69 | voice of the attorney who states in such advertisement only the |
70 | following information: |
71 | (a) The name of the attorney or law firm; |
72 | (b) The field of practice of such attorney or law firm, |
73 | including the prices charged, so long as expressly permitted by |
74 | Rule 4-7.2 of the rules regulating The Florida Bar; |
75 | (c) The right of an injured or aggrieved person to seek |
76 | redress if such person's rights have been violated; |
77 | (d) A public service type announcement, so long as it does |
78 | not entreat, request, or urge another to use the services of an |
79 | attorney or law firm for the purpose of bringing legal action |
80 | against another; or |
81 | (e) Those matters expressly permitted by Rule 4-7.2(c)(11) |
82 | of the rules regulating The Florida Bar. |
83 | (6)(a)(3) Except for violations of subsection (4), any |
84 | person violating any provision of this section commits shall be |
85 | guilty of a misdemeanor of the first degree, punishable as |
86 | provided in s. 775.082 or s. 775.083. |
87 | (b) A person violating subsection (4) shall be liable for |
88 | a civil penalty of $1,000 for the first offense and $10,000 for |
89 | each subsequent offense and shall be subject to imposition of |
90 | injunctive relief based on a presumption that there is no |
91 | adequate remedy at law available to the public. For purposes of |
92 | this paragraph, an offense is a single advertisement published |
93 | in a single print publication or through a single electronic |
94 | media outlet, regardless of the number of times or in how many |
95 | issues it is republished in the same publication or through the |
96 | same media outlet. The Florida Bar and the Attorney General |
97 | shall have standing to enforce such penalties and, upon |
98 | prevailing in such action, shall recover costs and reasonable |
99 | attorney's fees. |
100 | (7)(4) This section shall be taken to be cumulative and |
101 | shall not be construed to amend or repeal any other valid law, |
102 | code, ordinance, rule, or penalty now in effect. |
103 | Section 2. This act shall take effect upon becoming a law. |